Terms & Conditions of Trading

These conditions shall apply to any contract (“the Contract”) between Nottingham Audio Visual Services Ltd (“NAV”) and any persons, firm or company (“the Purchaser” placing an order with NAV for the manufacture and/or supply of any goods, components, services or other items (“the Equipment”).

1. ORDERS.

NAV will be under no liability for any order received until the order is accepted in writing. An accepted order may only be cancelled or varied with NAV’s consent. The giving of such consent shall not in any way prejudice NAV’s right to recover from the purchaser full compensation for any loss or expense arising from such cancellation or variation.

All confirmation orders must include the words “CONFIRMATION ORDER” and any NAV reference number given, or no liability can be accepted for duplication of the order.

If you are in any doubt as to the suitability of goods you wish to order, please contact our sales department for advice, as goods are NOT supplied “Sale or Return” without prior agreement.

On-line (Internet) orders will be accepted from UK clients only.

2. DISTANCE SELLING REGULATIONS. This section relates to you if you are purchasing as a “consumer” (as defined in the Consumer Protection (Distance Selling) Regulations 2000) and your order is being placed exclusively by ‘means of distance communication’ (ie not as a follow up to a face-to-face meeting etc).

By proceeding with your order, you confirm that you have received a clear description of the goods/services to be ordered (this can often be obtained from our web site www.nav.co.uk or manufacturers’ sites. Alternatively, we will supply brochures on request.

Under the terms of the above regulations, you have the right to cancel your order within 7 working days of receiving the goods ordered (excluding certain items such as customised/modified products, software which has been unsealed, non-durable items etc).

Should you wish to exercise your right to cancel, you must retain the goods in perfect condition (including all packaging, instructions etc) and return them to us at your expense, or we will arrange collection and deduct the cost from any refund due.

3. PRICES – Prices for Equipment do not include:

Value Added Tax or other sales taxes.

The cost of effecting delivery in accordance with condition 3, which will be charged extra unless agreed in writing.

Any special packing required by the purchaser.

Notwithstanding any price specified in the order acceptance, the price of any item of equipment shall be that ruling on the date of its despatch.

4. DELIVERY.

NAV shall use all reasonable efforts to deliver equipment in accordance with times specified but shall not be liable for any loss or damage rising from late or non-delivery.

Where equipment is to be delivered by instalments or against call-off and the Purchaser either fails to accept outstanding deliveries within 12 months of the date of order acceptance, or defaults in making any payment when due then NAV may cancel any deliveries and the Purchaser shall compensate NAV in full for any loss or expense from such cancellation.

5. RISK AND TITLE.

The title of the goods shall not pass to the Purchaser until full payment for said goods has been received by NAV.

The risk of all goods shall pass to the customer on delivery to the customers premises or other destination specified by the customer, or where goods are collected by the customer or his agent then risk shall pass to the customer at the time of collection.

6. LOSS AND DAMAGE IN TRANSIT.

Inspection. The Purchaser shall examine on its delivery for any obvious damage or shortage.

Damage and Short Delivery. Any claim that the equipment is damaged or short delivered must be communicated both to NAV and the Carrier within three days of delivery, and any other claim that the equipment is not in conformity with the delivery note must be communicated to NAV within seven days of delivery.

Non-Delivery. Non-delivery shall be reported to both NAV and the Carrier within 14 days of the date of invoice.

Failure to Claim. If the Purchaser fails to give notice or report in accordance with this condition, Equipment of the quality and quantity specified in the delivery note or Invoice shall be deemed to have been delivered to the Purchaser, who shall be bound to pay for the same.

7. TERMS OF PAYMENT.

a. Terms of payment on approved accounts are 30 days from date of invoice. NAV reserve the right to recharge all discounts whether shown separately or included in a “nett” or “discount” price if payment is not received within the allowed time.

b. MONIES OUTSTANDING BEYOND NAV’s NORMAL CREDIT TERMS.

Any account outstanding beyond NAV’s credit terms of reference will be passed out of hand to our Credit Protection & Debt Recovery Agents and will be subject to interest, compensation and any other costs incurred in obtaining settlement.

c. INTEREST CHARGES ON OUTSTANDING ACCOUNTS.

The Company reserves the right to charge interest at the rate in accordance with legislation on any invoice not paid by the due date. (Note this is not an entitlement to take extended credit)

d. RETENTION OF TITLE.

All goods and Service/Repair parts will remain the property of NAV until the price has been paid in full and the customer shall remain the bailee only until payment is made.

e. COMPLAINTS.

Any complaint relating to any invoice must be notified by the customer to NAV in writing within 14 DAYS of the date of the invoice.

8. FORCE MAJEURE.

Should the manufacturer or delivery of Equipment be prevented or delayed by any act or circumstances beyond NAV’s reasonable control NAV may, without incurring liability to the Purchaser, suspend the Contract and after six months of suspension terminate the Contract.

9. HEALTH AND SAFETY.

The Purchaser shall ensure that the equipment is used in a safe manner and in accordance with any relative information or advice which NAV may make available to the Purchaser.

10. WARRANTIES.

a. Specifications. Only the specifications of the equipment referred to in the order acceptance shall form part of the Contract. NAV shall ensure that the equipment substantially complies with that specification but otherwise reserves the right to alter products without reference to the Purchaser.

b. Guarantee. Where the equipment is covered by a guarantee, the terms of such guarantee shall be deemed to be part of these conditions, copies of such guarantee are available at the Purchasers request.

c. Where the Purchaser is a dealer buying the equipment for resale, such guarantee shall be bought to the attention of the Purchasers customer but the Purchaser shall not otherwise make any representations or give any warranties on behalf of NAV.

d. We reserve the right to refund the purchase cost of used or special offer equipment should, in our opinion, a warrantee repair prove uneconomical.

11. ASSIGNMENT.

The Contract is not assignable by the Purchaser without the written consent of NAV and is between NAV and the Purchaser as principals but NAV may without consent assign or sub-contract all or any of its rights and obligations hereunder.

12. TERMINATION.

If the Purchaser becomes insolvent or makes a default in or commits a breach of the Contract, NAV may forthwith on written notice to the Purchaser terminate the Contract without incurring liability to the Purchaser and without prejudice to NAV’s rights which may have accrued up to the date of termination.

13. CONSTRUCTION.

No variation or addition to these conditions shall be effective unless contained on the face of the order of acceptance signed by a Director or duly authorised officer of NAV and a copy of such an instrument is annexed to the order of acceptance. The interpretation and application shall be in accordance with English Law.

E. & O.E.

Conditions of Equipment Hire

It is the hirer’s responsibility to ensure the equipment and any associated services detailed within this quote are specified correctly. All quotations are valid for a period of 30 days from the date of quoting, and are subject to availability at the time of confirmation. Prices quoted are for collection from, and return to our Nottingham Office by the hirer – unless specifically stated otherwise.

All equipment hires are subject to our full Terms and Conditions, a copy which can be found on our website.

Hire Equipment Collections

Before you collect hire equipment from us, please ensure you adhere to one of the following;

Cash Customers; Paid for the equipment in full, in advance, or; Have the means to pay in full for your hire on collection – we accept most forms of credit & debit card (except American Express) or cash payment. You have a pre-arranged and authorised credit facility.

Failure to pay for your hire either on, or before collection may result in your hire being refused. You may also be liable for cancellation charges of up to 100% of the hire charge.

When collecting hire equipment Photographic ID will be required, the ID may be retained during the hire period. New customers may also be required to provide up to 2 additional forms of identification and/or a cash deposit – please call for further information.

Hire Equipment Deliveries

Cash customers; If we are delivering equipment to your premises or venue, all hires must be paid in full prior to delivery. Failure to do so may result in your hire being refused. You may also be liable for cancellation charges of up to 100% of the hire charge.

Cancellation Charges

Between 24-48 hours prior to hire commencement - 50% of the total hire charge

Less than 24 hours prior to hire commencement - 100% of the total hire charge

Specialist equipment - obtained via a third party is supplied on a non-cancellable basis.

Emergency Out of Hours Helpline

Telephone 07977 098 524 Please note: If you ask us to attend and the equipment is not defective a minimum call-out charge of £25.00 will apply. We regret that this breakdown help-line cannot be used to place hire bookings.

OFFICE HOURS: Monday to Friday 08.00 to 17.30hrs

Please use following telephone number during office hours

Hire Booking Line: 0115 92 108 35

General Conditions of Hire

The Hire Period

Hire charges will commence from the date stated on the contract, and are payable for the duration of the hire period, or until the equipment is returned to us. Equipment must be returned on the date specified, by 12 noon, equipment returned late will be chargeable at the full daily rate.

The Use & Storage Of Hired Equipment

It is the responsibility of the hirer to ensure that all equipment is operated in a safe manner. The hirer is to ensure that the equipment is operated by competent person(s). No attempt must be made to repair, adjust or otherwise interfere with any part of the equipment other than the normal use of external user controls.

The hirer is responsible for any loss or damage sustained to the equipment. Under no circumstances should equipment be left in an unattended vehicle, even if locked. NAV shall not be responsible for any loss, injury or damage whatsoever, whether caused to the property or person of the customer, its employees or agents or otherwise which may be attributed to the equipment, or its use or services.

Equipment Faults

In the event of equipment faulting you must contact us immediately using one of the following methods; Mon-Fri between 8.00am and 5.30pm – Nottingham Office 0115 921 08 35. Outside office hours - 07977 098 524 Failure to report faulty hire equipment will revoke your claim to any refund, partial or in full.

Delivery & Collection Charges

Any Delivery and collection rates quoted are for delivery and set-up/de-rig and collection of the equipment within office hours, unless stated otherwise. Complex installations and delays will be subject to a standard hourly charge.

Additional Requirements

It is the responsibility of the hirer to ensure they have requested any additional interconnecting cables for third party equipment, or specified any non-standard accessories that may be required, at the time of confirming the booking.

Hire Returns

All hire equipment will be inspected on return. Any wilful damage or damage caused be negligence or unreasonable wear and tear is the responsibility of the hirer, and will be chargeable. Where a repair is deemed to be uneconomical cost of replacement equipment will apply. If any spare or replacement lamps are used, the defective lamp(s) must be returned to us, or the cost of replacement lamp(s) will apply.

Insurance Cover

Unless you have provided proof of adequate insurance cover for third party hired equipment, you will be charged an insurance fee of 10% of the hire charge (excluding VAT & delivery). This covers the hired equipment against loss and serious damage (subject to our current Conditions of Insurance – available on request) arising from fire, accident or malicious damage or theft by a third party. As the hirer you must take all reasonable steps taken to ensure equipment is used safely.

Please note the following;

1. A £250.00 excess per incident will apply. 2. Wherever possible equipment should not be left unattended. 3. Equipment must be transported in approved carry cases. 4. All reasonable steps must be taken to ensure equipment safety.

Not Covered under the terms of our Insurance;

5. Theft from unattended vehicles. 6. Damage due to outdoor use without prior consent. 7. General negligence or misuse. 8. Use outside the United Kingdom.

Terms of Payment

1. TERMS OF PAYMENT. On account are 30 days from the date of invoice. All discounts, whether shown separately or included in a “nett” or “discount” price, may be recharged if payment is not received within the allowed time. In certain circumstances, we reserve the right to request advance payment before the ordering of equipment commences.

2. MONIES OUTSTANDING BEYOND NAV’S NORMAL CREDIT TERMS. Any outstanding account beyond NAV’s credit terms will be passed out of hand to our Credit Protection & Debt Recovery Agents and will be subject to a surcharge of £25 to cover the cost incurred; such accounts will also be subject to any other costs incurred in obtaining settlement.

3. INTEREST CHARGES ON OUTSTANDING ACCOUNTS. The company reserves the right to implement a charge of 3% per annum above the current bank base rate on any invoice not paid by the due date. (Note: this is not an entitlement to take extended credit).

4. RETENTION OF TITLE. All goods and Service/Repair parts will remain the property of NAV until the price has been paid in full and the customer shall remain the bailee only until payment is made.

5. COMPLAINTS. Any complaint relating to any invoice must be notified by the customer to NAV in writing within 14 days of the date of the invoice.